September 15, 2010

My Initial Social Security Disability Claim Was Denied, Now What?

You just received a letter stating your Social Security disability claim was denied and you are wondering what to do next? Indianapolis Social Security disability lawyer Scott Lewis receives calls asking this very question every day. Indiana residents receiving a notice of disapproved claim need to know they have certain rights and can appeal a denial of their Social Security disability claim.

There can be a few reasons you find yourself denied by the Social Security Administration (SSA). When Attorney Scott Lewis hears that your Social Security claim was denied because the Social Security Administration did not feel that your disability was severe enough to prevent you from working, he realizes you may have grounds to appeal the decision.

Why did you get denied? One reason you may have been denied your Social Security disability benefits is because your medical record was incomplete. In your initial application you may have unintentionally omitted important medical sources. Another reason could be the SSA was unable to get important medical documentation that you told them about. There could have been an oversight by the SSA or an oversight by the medical source you provided to them. In any case, by the time you reach an Administrative Law Judge (ALJ) hearing it is very important that your Social Security claim file is up-to-date and complete. While the above may be one reason you are denied, there can be many other reasons for a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) denial.

What to do next? A “Request for Reconsideration”, sometimes referred to as an appeal by Social Security disability claimants is usually the next step when receiving an initial denial. Basically, what you are saying to the Social Security Administration is “hey, you made a mistake take another look at my disability claim”. You have 60 days plus some mailing time from the date of your initial denial to file the Request for Reconsideration. If denied at this stage, you then must file a Request for a Hearing by an Administrative Law Judge. At this point, you usually find yourself waiting a long period of time for your day in court.

If you find all of the above confusing, you are not alone. Many of Scott Lewis’ Indiana Social Security disability appeals clients come to him to help them understand the process. Indianapolis Attorney Scott Lewis tries to explain to his disability clients in as much detail as possible how the Social Security disability process works and how to prepare for their disability appeal.